Rembert v. Railway Co.

Citations

• 31 S.C. 309
• 9 S.E. 968
• 1889 S.C. LEXIS 37

Syllabus

<p>1. In action against a railroad company for damages to* horses and buggy caused by a defective bridge at a road crossing, the trial judge did not charge upon the facts in saying to the jury, by way of illustration, that railroad companies .were corporations to which high privileges were granted.</p> <p>2. The judge being asked to charge that there was no law which required the railroad company to build a bridge, in South Carolina, of any particular width, replied that it must be a safe structure. Held not to be error.</p> <p>3. The complaint alleged the incorporation of the defendant company. The answer was a general denial, and defendant appeared by attorneys and defended the action. Held, that the incorporation of defendant was sufficiently admitted.</p> <p>4. After plaintiff announced that he closed, and defendant submitted a motion for non-suit upon the ground that there was no proof of the corporate existence of defendant, it was within the discretion of the trial judge to permit plaintiff to offer proof upon this point.</p>